People ex rel. Tamplin v. Beach

Action upon the official bond of a sheriff, to recover of him and the surety on his official bond, damages for alleged nonfeasance of his deputy. The bond was conditioned that the sheriff “shall faithfully perform and execute the duties of the office of sheriff.” To the. judgment dismissing the action, following a ruling sustaining a demurrer to the complaint, plaintiff has sued out this writ of error. The complaint in substance alleges that Wedow, the deputy sheriff, while acting as such, and in the performance of the duties of his office, had under arrést and in custody a certain prisoner…